ORDER CLAY D. LAND , Chief District Judge . Defendant Mentor Worldwide LLC developed a suburethral sling product called ObTape Transobturator Tape, which was used to treat women with stress urinary incontinence. Plaintiff Genevieve Chock was implanted with ObTape and asserts that she suffered injuries caused by ObTape. Mrs. Chock brought a product liability action against Mentor, contending that ObTape had design and/or manufacturing defects that proximately caused her injuries. Mrs. Chock...
ORDER CLAY D. LAND , Chief District Judge . On November 15, 2016, the Court held a telephone conference to get this case and two related cases (4:16-cv-264 and 4:16-cv-265) back on track. For the reasons explained in the hearing, the Court issued an order permitting Plaintiffs "to file an amended and recast complaint that includes the claims asserted in" both this action and in 4:16-cv-265. Text Order (Nov. 15, 2016), ECF No. 28. The Court ordered that the amended and recast complaint "be...
ORDER CLAY D. LAND , Chief District Judge . Defendant Mentor Worldwide LLC developed a suburethral sling product called ObTape Transobturator Tape, which was used to treat women with stress urinary incontinence. Doris Morgan was implanted with ObTape and claimed that she suffered injuries caused by ObTape. Morgan brought a product liability action against Mentor, contending that ObTape had design and/or manufacturing defects that proximately caused her injuries. Morgan also asserted that...
ORDER GRANTING DEFENDANT TOLLISON'S MOTION TO DISMISS MARC T. TREADWELL , District Judge . Plaintiff Henderson, pro se, filed a complaint alleging age and discrimination claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. ("Title VII") and the Age Discrimination in Employment Act of 1967, 29 U.S.C. 621 et seq. ("ADEA") against his former employer, Defendant CVB Industrial, and supervisor, Will Tollison. Doc. 1. On October 25, 2016, attorney DeLugas...
ORDER ON MOTION TO SEAL AND FOR PROTECTIVE ORDER C. ASHLEY ROYAL , District Judge . Before the Court is Defendant City of Thomaston's Motion to Seal and for Protective Order [Doc. 6]. Defendant City of Thomaston requests the Court seal the Summons [Doc. 4] and Plaintiff's Motion for Alternative Service [Doc. 5], both of which identify Defendant Phillip Tobin's home address. Further, Defendant City requests the Court direct Plaintiff to refile an Amended Summons and an Amended Motion for...
ORDER MARC T. TREADWELL , District Judge . This matter is before the Court on United States Magistrate Judge Charles H. Weigle's Report and Recommendation. Doc. 18. The Defendant moved to dismiss for failure to state a claim (Doc. 13), and the Magistrate Judge recommends denying the motion. The Defendant has objected to the Recommendation. Doc. 19. Pursuant to 28 U.S.C. 636(b)(1), the Court has considered the Defendant's objections and made a de novo determination of the portions of the...
REPORT AND RECOMMENDATION STEPHEN HYLES , Magistrate Judge . Currently pending before the Court is Defendant's motion for summary judgment (ECF No. 14). Plaintiff did not file a response, and the time in which to do so has elapsed. For the reasons stated below, it is recommended that Defendant's motion for summary judgment be granted. BACKGROUND Plaintiff's claim arises from an incident on August 12, 2014, during which Plaintiff alleges he was assaulted by Defendant Charles, a...
ORDER MARC T. TREADWELL , District Judge . Defendants McLaughlin and Lockett filed motions to dismiss asserting that Plaintiff Costlow failed to exhaust his administrative remedies as to his claims against them in this action. Docs. 19; 26. Magistrate Judge Charles H. Weigle recommends allowing Costlow's claims against Lockett to proceed and dismissing the claims against McLaughlin for failure to exhaust administrative remedies. Doc. 37 at 10-11. Costlow objected, arguing he exhausted his...
REPORT AND RECOMMENDATION 42 U.S.C. 1983 STEPHEN HYLES , Magistrate Judge . Presently pending before the Court is Defendant Nurse Tracey Carter's motion to dismiss Plaintiff's recast complaint (ECF No. 111). Plaintiff did not file a response to Defendant's motion, and the time in which to do so has expired. For the reasons explained below, it is recommended that Defendant's motion to dismiss be granted. BACKGROUND Plaintiff, who is wheelchair bound, was an inmate at the Georgia...
ORDER MARC T. TREADWELL , District Judge . Defendants Georgia Correctional Healthcare ("GCHC") and Dr. Billy Nichols filed a joint Motion to Dismiss, asserting that Plaintiff Deborah Hines failed to exhaust her administrative remedies, Hines's Amended Complaint (Doc. 29) fails to state a claim upon which relief can be granted, and, in the alternative, the Defendants are entitled to qualified immunity. Doc. 83. United States Magistrate Judge Charles H. Weigle recommends granting the motion...
ORDER MARC T. TREADWELL , District Judge . Before the Court is the Plaintiff's motion for attorneys' fees under 42 U.S.C. 406(b)(1) following the remand of his claim for Social Security benefits and subsequent determination by the Commissioner that he was entitled to disability benefits. Doc. 22. On March 18, 2011, the Court adopted the Recommendation of Magistrate Judge Charles H. Weigle to remand the Plaintiff's claim for Social Security disability benefits to the Commissioner for...
ORDER CLAY D. LAND , Chief District Judge . Plaintiff Danielle Goins was employed at Martin Army Community Hospital. She filed two separate actions in the Municipal Court of Columbus, Georgia alleging that she was terminated from her job due to the false statements of three coworkers and another individual. In the first action, Goins asserts claims for "Defamation and Libel," alleging that two of her Martin Army colleagues, Jessica Brooks and Andrea Taylor, "[f]abricated a false alleged...
ORDER CLAY D. LAND , Chief District Judge . Defendant Mentor Worldwide LLC developed a suburethral sling product called ObTape Transobturator Tape, which was used to treat women with stress urinary incontinence. Plaintiff Genevieve Chock was implanted with ObTape and asserts that she suffered injuries caused by ObTape. Mrs. Chock brought a product liability action against Mentor, contending that ObTape had design and/or manufacturing defects that proximately caused her injuries. Mrs. Chock...
ORDER WILLIAM T. MOORE, Jr. District Judge . IT IS HEREBY ORDERED that the Clerk of the United States District Court for the Southern District of Georgia shall cancel the appearance bond on behalf of Defendant and exonerate the obligor thereon. The Clerk is hereby DIRECTED to return the $1,000.00, with any accrued interest, to Daiguan Myers, 312 East 35 th Street, Savannah, Georgia 31401. SO ORDERED.
ORDER CLAY D. LAND , District Judge . Defendant Mae Ola Alston Ra'Oof, who is proceeding pro se, filed a brief asking the Court "NOT [to] GRANT Sabal Trail Transmission, LLC the Right to Condemn farmland belonging to the Estate of Richard Alston and Bobbie Alston, et al." Def.'s Br. 2, ECF No. 35 in 4:16-cv-119. Ra'oof attached several exhibits to her brief, including a notice of administrator for the estate of Rufus Alston. Though Ra'Oof did not state the basis for her request or explain...
ORDER CLAY D. LAND , Chief District Judge . Defendant Mentor Worldwide LLC developed a suburethral sling product called ObTape Transobturator Tape, which was used to treat women with stress urinary incontinence. Plaintiffs Maxine Hampton and Diane Hendrix were implanted with ObTape and assert that they suffered injuries caused by ObTape. Plaintiffs brought product liability actions against Mentor, contending that ObTape had design and/or manufacturing defects that proximately caused their...
ORDER CLAY D. LAND , Chief District Judge . Defendant Mentor Worldwide LLC developed a suburethral sling product called ObTape Transobturator Tape, which was used to treat women with stress urinary incontinence. Plaintiff Marilyn Lewis was implanted with ObTape and asserts that she suffered injuries caused by ObTape. Mrs. Lewis brought a product liability action against Mentor, contending that ObTape had design and/or manufacturing defects that proximately caused her injuries. Mrs. Lewis...
ORDER CLAY D. LAND , Chief District Judge . Plaintiff Susan Austin filed this action on August 8, 2013 by filing a short form complaint in In Re: Coloplast Corp. Pelvic Support System Products Liability Litigation, MDL No. 2387. The Judicial Panel on Multidistrict Litigation transferred the case to this MDL for pretrial proceedings. Upon completion of the pretrial proceedings in this action, the parties did not agree to a waiver of venue under Lexecon Inc. v. Milberg Weiss Bershad Hynes...
ORDER MARC T. TREADWELL , District Judge . Defendant AT&T Services Inc. (AT&T) has filed a motion to stay litigation and compel arbitration of Myricks's claims against it in this action. Doc. 12. Though Myricks and AT&T stipulated, pursuant to Local Rule 6.2, to extend Myricks's deadline to file a response to November 18, 2016 (Doc. 14), no response has been filed. In his Complaint, Myricks alleges that Southwest Credit Systems, LP, on behalf of AT&T, used a robo-caller to call his...
ORDER Petition for Writ of Habeas Corpus 28 USC 2254 MARC T. TREADWELL , District Judge . Before the Court is Magistrate Judge Charles H. Weigle's Recommendation to deny Petitioner John Orlando Walker's petition for habeas corpus relief. Doc. 134. Walker has objected to the Recommendation. Doc. 136. In 1998, Walker was found guilty of armed robbery, kidnapping, and hijacking a motor vehicle. State v. Walker, Case No. 98-C-23811; Doc. 137-1 at 1-2. Following these convictions, there...
